Reader’s Question:

I wanna help my sister out as she was recently charged with DUI here in Louisville, Kentucky. The officer asked her to do some tests and mentioned that my sister could not refuse. Why don’t we have the options in refusing these tests?

Sharon

Louisville, KY

When your sister acquired her Kentucky driver’s license, she agreed to Implied Consent Statute that states an individual gives their consent to one or more breath, urine, or blood tests if a police officer has reasonable grounds or probable cause to believe that the individual is driving under the influence of a motorized or non-motorized vehicle. That is the reason why your sister could not refuse any chemical test that was asked by the police officer when she was suspected for driving under the influence in Louisville, Kentucky.

Moreover, a police officer may conduct the said test of a person incapable of giving their refusal (i.e.: unconscious, dead, or otherwise in a condition rendering him incapable of refusal) since Kentucky DUI laws deem such an individual to not have withdrawn their consent for the tests. If an individual refused to give their consent to a test of their breath, urine, or blood as requested by a police officer, it would result to the revocation of their driving privileges as stated in Kentucky DUI laws.

Tags: drunk driving laws, DUI, DUI lawyer